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The Supreme Court, by thin majority of 6:5, held that a constitutional amendment under Article 368 of the Constitution was an ordinary 'law' within the meaning of Article 13(3) of the Constitution. The majority did not believe there was any difference between ordinary legislative power of the parliament and the inherent constituent power of ...
Nationality law or citizenship law is mainly codified in the Constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship, the Parliament of India passed on 7 January 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India. Overseas citizens of ...
The decision had a significant influence on Indian constitutional law and has been described as the moment when the Supreme Court of India rejected "three decades of formalist interpretation, and inaugurated a new path where Courts would expand the rights of individuals against the State, instead of limiting or contracting them." [2]
1958 - In well known Kerala Education Bill's case, 1957 reported in AIR 1958 SC 956, this Court held that to claim the minority rights, the Community must be numerically a minority by reference to the entire population of the State or country where the law is applicable. In that way also, the Jain Community is eligible for the claim.
Download as PDF; Printable version; ... Pages in category "Indian constitutional case law" The following 9 pages are in this category, out of 9 total. ... Mohini Jain ...
The State List consists of 61 items (previously 66 items) where a state legislative assembly can make laws applicable in that state. But in certain circumstances, the Parliament can also legislate temporarily on subjects mentioned in the State List, when the Rajya Sabha has passed a resolution with two-thirds majority that it is expedient to legislate in the national interest per Articles 249 ...
Seervai is best known for his 1967 analysis, the Constitutional Law of India – a Critical Commentary.This work contributed significantly to Kesavananda Bharati vs.The State of Kerala (1973), his most famous case, which led to the development of the "Basic structure doctrine", which inhibits politically motivated changes to the Constitution of India.
In this situation, Miss Jain filed a petition (Writ petition (Civil) No. 456 of 1991) under Article 32 (1) ("The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part (Part III: Fundamental Rights) is guaranteed") [1] of the Constitution of India challenging the notification issued ...